Bill 13-26, the ICE Out Act, passes unanimously — sending a direct message as federal immigration enforcement escalates across the DMV
The Montgomery County Council voted unanimously Tuesday to ban private immigration detention centers from operating anywhere within county limits, passing Bill 13-26 — the ICE Out Act — and sending it to County Executive Marc Elrich, who has said he will sign it.
The vote is the sharpest local response yet to a federal push to expand ICE detention across the region, and it comes as a court battle continues over a planned detention facility just 52 miles away in Williamsport, Washington County.
Why It Matters
Montgomery County is home to more than one million people. Roughly one in three residents was born outside the United States. For that community, this vote is not abstract.
“ICE is having a chilling effect here and across the country,” said Councilmember Evan Glass, the bill’s primary sponsor, during Tuesday’s council session. “We are being proactive to protect our immigrant neighbors.”
The bill bars the county’s Department of Permitting Services from issuing building permits or use-and-occupancy permits to any privately owned immigrant detention facility — covering both new construction and conversions of existing buildings. It also formally defines “immigrant detention facility” inside the county code for the first time, closing legal ambiguities private operators might otherwise exploit.
The Threat That Drove the Bill
The legislation did not emerge from thin air. In January 2026, the Department of Homeland Security paid $102.4 million for an 825,000-square-foot warehouse in Williamsport, Washington County — with plans to convert it into an ICE detention facility capable of holding as many as 1,500 people.
Glass flagged the move publicly in his March 12 newsletter. “Make no mistake, ICE is intent on expanding its operations in Maryland,” he wrote. “We see what is happening near Hagerstown and we will not allow that to happen here.”
That facility is now the subject of a federal lawsuit brought by Maryland Attorney General Anthony Brown. On April 15, a federal judge granted a preliminary injunction halting construction and any detention operations at the site, allowing only limited security work to proceed while the case moves forward.
How the Law Works
The bill’s design is deliberate. Federal immigration law broadly preempts local attempts to regulate ICE directly. Land-use and permitting law does not. By anchoring the restriction inside the county’s zoning and permitting code, the ICE Out Act uses authority that unambiguously belongs to the county. Private contractors — including corporations like CoreCivic and GEO Group — cannot build or occupy a facility without county permits, regardless of any federal contract they may hold.
“In Montgomery County, we will not wait for an immigration detention facility to be proposed,” Glass said Tuesday. “We are ensuring it is never built in the first place. As one of the most diverse communities in America, Montgomery County will continue to stand firmly in defense of every resident and their safety, dignity and rights.”
Part of a Broader Push
The ICE Out Act is the second major piece of legislation Montgomery County has passed this spring targeting immigration enforcement. On March 24, the Council unanimously passed Bill 3-26 — the County Values Act, led by Councilmember Kristin Mink — which requires judicial warrants before ICE can enter non-public county buildings and bans the use of county parking lots as ICE staging areas.
At the state level, the Maryland General Assembly passed the Community Trust Act (SB 791) on April 13, sending it to Governor Wes Moore. That bill would restrict how local law enforcement across the entire state can cooperate with ICE, prohibiting transfers to federal custody without a valid judicial warrant. It is currently awaiting Moore’s signature and would take effect immediately upon signing.
Prince George’s County is moving on parallel tracks, with At-Large Councilmembers Jolene Ivey and Wala Blegay introducing companion permit-restriction bills in early April.
What’s Next
The ICE Out Act now heads to County Executive Elrich’s desk. He has stated he will sign the bill. Once signed, it becomes effective county law — blocking any private detention facility from obtaining the permits it would need to open or operate in Montgomery County.
TANTV Local will continue covering immigration enforcement developments across the DMV. Residents can submit written testimony on pending county legislation at the Montgomery County Council’s public comment portal.
This TANTVNews immigration coverage was made possible by a grant from URL Collective, a nonprofit supporting local, diverse media.
